CHINMOY DAS Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The petitioner in this writ petition, Chinmoy Das appeared at the B.Sc. (Part 1) Examination of the Calcutta University held in May, 1968. He was appearing with Honours in Geology. Shri Souren Sen. Head of the Department of Geology, University of Calcutta, was appointed Examiner in respect of the Geology Honours First Paper. The said Shri Sen while examining the Geology Honours First Paper of different candidates apprehended that the petitioner having Roll No. Cal H 1021 had answered three questions and a part of the fourth in consultation with another candidate Baidyanath Raha bearing Roll No. Cal H 1022. He was further of the opinion that in respect of the three questions and a part of the fourth the aforesaid two candidates had copied from each other. Accordingly Shri Sen submitted a report on July 1, 1968.

(2.) On the basis of this report the result of the petitioner as also that of Baidyanath Raha was withheld being 'reported against' and the matter was referred to the Board of Discipline constituted by the University.

(3.) On November 25, 1968 the Secretary of the Board of Discipline Shri A.C. Banerjee issued a show cause memo on the petitioner asking him to show cause and appear before the sub-committee of the Board of Discipline which would investigate into the matter on November 30, 1968. The charge levelled against the petitioner was "that you mutually copied answers from each other's answer script (Boll Cal H 1021 & Roll Cal H 1022) while appearing in Geology Honours". The sub-committee of the Board of Discipline consisted of (1) Principal K.C. Choudhury, (2) Principal Meera Duttagupta and (3) Professor P. C. Bhattacharjee.